Availabilities:

LocationDomesticInternational
Gold CoastSession 2Session 2
LismoreSession 2Session 2
OnlineSession 2Session 2

Unit description

Provides the opportunity to research and analyse the development of equity and examine equitable doctrine including fiduciary obligations, duty of confidence, assignments and equitable interests. Students will also have the opportunity to research and analyse key legal principles relating to express, resulting and constructive trusts.

Unit content

Topic 1: The history and nature of equity
Topic 2: Fiduciary duties
Topic 3: Duty of confidence
Topic 4: Equitable estates and interests
Topic 5: Law of assignments
Topic 6: Introduction to trusts
Topic 7: Creation of express trusts
Topic 8: Variation and termination of express trusts
Topic 9: Duties, powers and rights of trustees
Topic 10: Resulting trusts
Topic 11: Constructive trusts
Topic 12: Equitable remedies

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
On completion of this unit, students should be able to:GA1GA2GA3GA4GA5GA6GA7
1demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law;Knowledge of a discipline
2explain the reasons for a distinctive equitable jurisdiction, and the significance of equitable doctrines and remedies in law;Intellectual rigourKnowledge of a discipline
3apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts;Intellectual rigourKnowledge of a discipline
4apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics;Intellectual rigourCreativityKnowledge of a discipline
5identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient;CreativityKnowledge of a discipline
6demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to equity and trust law issues;Intellectual rigourCreativity
7communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references.Intellectual rigourCreativity

On completion of this unit, students should be able to:

  1. demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law;
    • GA4: Knowledge of a discipline
  2. explain the reasons for a distinctive equitable jurisdiction, and the significance of equitable doctrines and remedies in law;
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  3. apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts;
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  4. apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics;
    • GA1: Intellectual rigour
    • GA2: Creativity
    • GA4: Knowledge of a discipline
  5. identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient;
    • GA2: Creativity
    • GA4: Knowledge of a discipline
  6. demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to equity and trust law issues;
    • GA1: Intellectual rigour
    • GA2: Creativity
  7. communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references.
    • GA1: Intellectual rigour
    • GA2: Creativity

Prescribed texts

  • Radan, P & Stewart, C, 2018, Principles of Australian Equity and Trusts, 4th edn, LexisNexis, Australia. ISBN: 9780409348217.
Prescribed texts may change in future study periods.

Teaching and assessment

Teaching method
Lecture online 2 hours (12 weeks)
Tutorial on-site 2 hours (11 weeks)
Assessment
Research assignment50%
Exam: take home50%

Teaching method
Lecture online 2 hours (12 weeks)
Tutorial on-site 2 hours (11 weeks)
Assessment
Research assignment50%
Exam: take home50%

Teaching method
Lecture online 2 hours (12 weeks)
Tutorial online 2 hours (11 weeks)
Assessment
Research assignment50%
Exam: take home50%
Notice

Intensive offerings may or may not be scheduled in every session. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the study session.

Fee information

Domestic

Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2020 Commonwealth Supported only. Student contribution band: 3

Fee paying courses
For POSTGRADUATE or UNDERGRADUATE full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees

International

Please check the international course and fee list to determine the relevant fees.

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